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When Two Agreements Become One: Lessons from Cross Country Staffing and California Civil Code Section 1642 Note: This post focuses only on the portion of the court’s opinion dealing with contract interpretation under Civil Code section 1642. It does not address the ruling on unconscionability or the court’s decision not to sever unenforceable terms. California law recognizes that employment relationships are often built on more than one document. A recent decision involving C

With a combined 20 years of legal experience working with business clients, we’ve seen how the First Amendment shows up in unexpected places. A recent Ninth Circuit decision out of San Diego reminds us that speech isn’t limited to political slogans or protest signs. Sometimes, it’s as simple as leading a sun salutation in the park. The Case: Hubbard v. City of San Diego In Hubbard v. City of San Diego , two yoga instructors were offering free classes in public shoreline p

In Velarde v. Monroe Operations, LLC (G063626, filed June 6, 2025), the California Court of Appeal affirmed a trial court’s refusal to enforce an arbitration agreement presented to a new hire as a condition of employment. The opinion offers a clear-eyed application of the unconscionability doctrine and provides critical guidance for employers who rely on arbitration agreements to manage workplace disputes. Background Newport Healthcare, a nationwide behavioral health pro

The California Court of Appeal recently upheld a $4 million jury verdict in Carranza v. City of Los Angeles (B327196), a case involving a senior LAPD officer who brought a hostile work environment claim after a nude photo—falsely believed to be of her—was circulated among department personnel. The court’s decision offers a significant clarification of what constitutes “severe or pervasive” harassment under the Fair Employment and Housing Act (FEHA), and it underscores the im

Court affirms Hobby Lobby’s right to design cashier stations for standing work under California’s suitable seating laws California employers are familiar with the phrase “suitable seating,” thanks to the Industrial Welfare Commission (IWC) Wage Orders and cases like Kilby v. CVS Pharmacy . But applying those rules to real-world workplaces can still leave some gray areas. A recent decision from the Court of Appeal, although unpublished, helps provide some clarity, especially f

The California Supreme Court’s recent decision in Bailey v. San Francisco District Attorney’s Office has significant implications for employers, particularly concerning the thresholds for harassment and retaliation claims under the Fair Employment and Housing Act (FEHA). Case Overview Twanda Bailey, an African-American employee of the San Francisco District Attorney’s Office, alleged that a coworker directed a racial slur—the N-word—toward her. Following her report of th

As 2025 begins, California’s employment laws bring significant changes that employers must understand and implement. Below is a deeper dive into some of the most impactful updates and their implications. 1. Minimum Wage Increase • What’s Changing : Starting January 1, 2025, the statewide minimum wage rises to $16.50 per hour for all employers, regardless of size. • Why It Matters : This increase aligns with California’s ongoing effort to address the cost of livi